Attorney for Disqualification of Trial Judge in Tampa, Florida

Understanding the Disqualification of a Trial Judge in Florida

Are you facing criminal charges in Tampa or the surrounding areas? Ensuring a fair and impartial judge is critical to protecting your rights and securing the best possible outcome in your case. While you can’t choose your judge, Florida law provides legal pathways to seek disqualification if necessary. Tampa criminal defense attorney Rocky Brancato, with over 25 years of experience, has successfully fought for defendants’ rights using motions to disqualify and knows how to navigate the complexities of judicial disqualification.

When Can a Judge Be Disqualified?

Florida law outlines specific circumstances under which a judge may be disqualified under Rule 2.330 of the Florida Rules of General Practice and Judicial Administration and Section 38.10, Florida Statutes. A judge can be removed if their impartiality is in question due to the following reasons:

• The party has a reasonable fear that they will not receive a fair trial due to the judge’s prejudice or bias.
• The judge, their spouse or domestic partner, or a close relative:
  • Has a financial interest in the case,
  • Is a party to the case,
  • Is acting as a lawyer in the case,
  • Has an interest that could be significantly affected by the outcome,
  • Is likely to be a material witness.
• The judge previously served as a lawyer or lower court judge in the case.
• The judge has personal knowledge or bias concerning disputed facts.

Signs of Judicial Bias—How to Protect Your Rights

A judge doesn’t have to explicitly show bias for a motion to be successful. The test is whether a reasonable person, under the facts alleged, would fear they will not receive a fair trial. This is an objective standard. Foy v. State, 818 So. 2d 704 (Fla. 5^th DCA 2002). Florida courts have ruled that even the appearance of bias can be enough to justify disqualification. See Rogers v. State, 630 So. 2d 513 (Fla. 1994); Hewitt v. State, 839 So. 2d 763 (Fla. 4th DCA 2003). An experienced Tampa attorney will explain in the motion why your fear is objectively reasonable.

Why Some Attorneys Hesitate—And Why We Take Action

Some defense attorneys are reluctant to file a motion to disqualify a judge out of fear of harming their standing with the court. However, Attorney Rocky Brancato has extensive experience filing such motions and believes in both aggressively and professionally protecting his clients’ rights. He has seen cases take dramatic turns for the better after judicial disqualification. Judges are trained at judicial college to not to take these motions personally, and most will respect the process when a motion is legally sufficient. In the end, judges like the rest of us are only human. Our firm stands ready to file a motion when necessary, ensuring that you receive a fair trial.

How to File a Motion to Disqualify a Judge in Florida

If you suspect judicial bias, time is of the essence. A motion to disqualify a judge must:

1. Be in writing.
2. Clearly outline the facts and reasons justifying the request.
3. Be sworn to by the defendant.
4. Include any previously granted disqualification motions in the case.
5. Certify that the motion is made in good faith.
6. Be promptly served on the judge.

Once filed, the judge has 30 days to rule on the motion. If they fail to respond within this time, the motion is automatically granted, and a new judge is assigned through a blind rotation process overseen by the Clerk of Court in Hillsborough County.

Strategy in Filing a Motion—Why Legal Expertise Matters

Strategic considerations play a crucial role in filing a motion for judicial disqualification. Under Rule 2.330(i), if a successor judge is assigned after a motion to disqualify is granted, they cannot be disqualified based on a successive motion unless they admit to bias. Because of this, an experienced criminal defense attorney will carefully weigh the decision to file a motion, ensuring the best possible outcome. A disqualification motion should never be filed “just because you can.”

Real Cases Where Judges Were Disqualified

Disqualification motions have succeeded in cases involving:

• Pierce v. State, 873 So. 2d 618 (Fla. 2d DCA 2004): A judge was removed for indicating a harsher sentence if the defendant exercised their right to appeal.
• Roberts v. State, 840 So. 2d 962 (Fla. 2002): Ex parte communications with a litigant.
• Livingston v. State, 441 So. 2d 1083 (Fla. 1983): A judge’s personal bias against an attorney adversely affects a client.
• Roy v. Roy, 687 So. 2d 956 (Fla. 5th DCA 1997): Calling one of the parties derogatory names.
• Lewis v. State, 530 So. 2d 449 (Fla. 1^st DCA 1988): Predetermining a sentence before hearing all facts (“I will giver you the harshest possible sentence!”).
• Suarez v. Dugger, 527 So. 2d 190 (Fla. 1980): Extra-judicial comments to the press about the case.

Not liking a judge’s rulings is not enough to justify disqualification—the motion must be based on legally sufficient grounds. See Thompson v. State, 759 So. 2d 650 (Fla. 2000).

What Happens If Your Judge is Disqualified?

Once a judge is disqualified, a new judge is assigned through a blind rotation process. If a defendant wishes to challenge prior rulings made by the disqualified judge, a motion for reconsideration must be filed within 30 days. Working with an experienced criminal defense attorney ensures timely and effective legal action.

What If Your Motion is Denied? File a Writ of Prohibition

If a judge denies a motion to disqualify, the defendant can seek immediate review by filing a writ of prohibition with the Florida Second District Court of Appeal. In capital cases, appeals may go to the Florida Supreme Court. A writ of prohibition is an order from a higher court that prohibits the trial court from exercising further jurisdiction in the case. The appellate court will review the motion under a de novo standard, meaning it will independently assess the facts without deferring to the lower court’s ruling.

Why Choose the Brancato Law Firm for Your Criminal Defense Case?

Having a biased judge could mean the difference between conviction and acquittal. If you’re facing criminal charges in Tampa or Hillsborough County, don’t risk an unfair trial. Attorney Rocky Brancato and The Brancato Law Firm, P.A. are committed to protecting your rights, ensuring you receive a fair trial, and aggressively fighting for your best interests. Put Rocky in your corner.

📞Call us today at 813-592-8981 for a free consultation and let us help you reclaim your life!